The DHO, EPC, LC, LUHO, ZHE, and City Council shall conduct public hearings as necessary on those types of applications where Table 6-1-1 requires a public hearing.
Each entity listed in Section 14-16-6-2 (Review and Decision-making Bodies) is authorized to create rules, procedures, or practices governing its conduct of public hearings, but each public hearing (other than appeal hearings) shall include an opportunity for all parties to the hearing to be heard regarding the application. A record shall be kept of each person asking questions or offering testimony about the application.
For decisions that would result in changes to property rights or entitlements on a particular property or affecting a small area, or are otherwise not considered legislative decisions involving policy or regulatory changes that would apply citywide or to a large area, the decision-making body shall conduct a quasi-judicial hearing to make a discretionary decision. Quasi-judicial hearings shall be subject to the additional provisions in this Subsection 14-16-6-4(M)(3).
An appearance of record in a hearing is made through a written statement of the person's name and address, signed by the person or by his/her agent, and submitted to the relevant decision-making body prior to the termination of public comment on the case.
1. A party to the hearing shall be afforded an opportunity to present evidence and argument and to question witnesses on all relevant issues, but the decision-making body may impose reasonable limitations on the number of witnesses heard, and on the nature and length of their testimony and questioning.
2. The decision-making body may call witnesses and introduce papers of its own volition during the public hearing.
3. All testimony at the hearing shall be under oath or affirmation.
4. Nothing in this IDO shall prohibit interested members of the public from testifying at public hearings other than appeal hearings before the decision-making body.
5. A full record of the hearing will be made by sound recording or transcription; any person shall have the opportunity to listen to, copy, or transcribe the recording during business hours.
6. A summary of actions taken shall be kept of all ZHE hearings, and they shall be kept available for public inspection.
Prior to making a decision at a quasi-judicial public hearing and until the expiration of any applicable appeal period, the decision-making body shall not do any of the following:
1. Communicate, directly or indirectly, with any party or party representative in connection with the merits of any issue involved, except upon advanced prior notice and opportunity for all parties to participate.
2. Use nor rely upon any communication, reports, staff memoranda, or other materials prepared in connection with the particular case unless made a part of the record.
3. Inspect the site with any party or his/her representative unless all parties are given opportunity to be present.
1. Approve or recommend approval of the application as presented.
2. Approve or recommend approval of the application with conditions.
3. Deny or recommend denial of the application.
4. Defer the matter to a date no more than 60 calendar days following its first appearance on the agenda, unless a longer deferral is accepted by the applicant.
5. Continue the matter to a date no more than 60 calendar days following the opening of the public hearing, unless a longer continuance is requested by the applicant.
6-4(M)(4)(b) The City Council or LUHO shall affirm the decision on appeal, reverse the lower decision-making body, or remand the application for additional review by an entity. (See Subsection 14-16-6-4(V) for additional information on LUHO actions on appeals).
6-4(M)(5)(b) For final decisions, the decision-making body identified in Table 6-1-1 shall provide a written decision with findings based on the review criteria for that type of application that shall be made part of the record.
6-4(M)(6)(a) For Decisions Requiring a Public Hearing and Policy Decisions (pursuant to Table 6-1-1), a Notice of Decision, including a list of any conditions attached to any permit or approval, shall be sent to each party to the matter and to any other person who has entered an appearance and requested a copy of the decision. The Notice of Decision shall be posted on the City website as soon as practicable and not more than 3 business days after the final action on the matter by any decision making officer or body other than the City Council. Notices of decision by the City Council must be posted within 10 calendar days of the final action.